Gaming Commission Rulings Database
| Licensee: PATRICK J. HORNER |
| Licensed As: MUTUEL CLERK |
| Notice Number: MO 91-2015 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 07/23/2015 |
| Ruling Type: Order Issued |
| Rule(s): 9 NYCRR 4005.4 and 4042.1(f) |
| Ruling Text: FINE PAID IN FULL AS OF 12/1/2015
YOU ARE HEREBY NOTIFIED TO SHOW CAUSE, at a hearing before the New York State Gaming Commission which will be held at the Commission office, located at One Broadway Center, Schenectady, New York 12065 at 10:00 A.M., Tuesday, June 30, 2015, and at any adjourned times thereafter why you should not be fined up to $25,000 per incident and your occupational license be suspended or revoked pursuant to Sections 104, 220 and 250 of the Racing, Pari-Mutuel Wagering and Breeding Law and Rules 4005.4 and 4042.1(f) of the New York State Gaming Commission because, while you were on duty as an employee of the pari-mutuel department of a licensed association as a mutuel teller working at Finger Lakes Gaming & Racetrack:
1. On January 9, 2015, you committed 13 violations of 9 NYCRR § 4005.4 by placing 13 pari-mutuel bets;
2. On January 9, 2015, you committed a violation of 9 NYCRR §§ 4005.4 and 4042.1(f) by conspiring with another on-duty mutuel clerk, Rick Roys, to commit an improper act or practice in relation to racing, to wit, you issued him a pari-mutuel ticket;
3. On January 10, 2015, you committed 12 violations of 9 NYCRR § 4005.4 by placing 12 pari-mutuel bets;
4. On January 16, 2015, you committed four violations of 9 NYCRR § 4005.4 by placing four pari-mutuel bets; and
5. On January 16, 2015, you committed a violation of 9 NYCRR §§ 4005.4 and 4042.1(f) by conspiring with another on-duty mutuel clerk, Rick Roys, to commit an improper act or practice in relation to racing, to wit, you issued him a pari-mutuel ticket.
PLEASE TAKE NOTICE that you may be represented by counsel, cross-examine witnesses, and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons at no charge but should be requested in writing at least one week before the hearing date. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one. This hearing may result in the imposition of any legally available penalty including a license suspension or revocation and a fine not to exceed $25,000 for each violation.
PLEASE TAKE FURTHER NOTICE that unless you object at least one week before the hearing date, this hearing will be conducted using live audio and video conferencing that allows you, each other witness and the Hearing Officer to participate and to testify from another location that might be more convenient. If you choose to participate in your hearing through audio/video-conferencing, then you are responsible to be sure that a copy of any physical evidence that you may want to use during testimony or introduce into evidence has been delivered to the Hearing Officer and opposing counsel before the hearing.
PLEASE TAKE FURTHER NOTICE that the hearing may be adjourned at the discretion of the Hearing Officer for good cause shown upon the request of any party. Requests for adjournments must be submitted at least two business days before the date of the scheduled hearing. Absent a serious emergency matter, no requests for adjournments will be granted within two business days of the scheduled hearing date. To request an adjournment, you should contact the main office of the Commission at (518) 388-0191, to speak with the assigned counsel as soon as possible. Adjournments on consent of all parties are subject to the approval of the Hearing Officer. If you fail to appear at the hearing, your request for a hearing may be deemed withdrawn and/or the Commission may proceed in your absence with the hearing.
|
Note that the above data is current as of 10:26 PM EDT, Wednesday, April 24, 2024 and subject to change as more information becomes available.
The New York State Gaming Commission takes reasonable measures to ensure that the data and information on this website is accurate and current. However, the Commission makes no express or implied warranty regarding this information or data and expressly disclaims all legal liability and responsibility to persons or entities who use or access this website and its content.